Case Notes: Muhammad Yasin Saqib vs. Chairman, Pakistan Telecommunication Corporation

2003 P L C (C.S.) 1105 [Lahore High Court] Before Ijaz Ahmad Chaudhry, J MUHAMMAD YASIN SAQIB Versus CHAIRMAN, PAKISTAN TELECOMMUNICATION CORPORATION; ISLAMABAD and 7 ethers Writ Petition No. 24009 of 2000, decided on 8th August, 2002. (a) Constitution of Pakistan (1973)--- ----Art.199(1)(b)(ii)---Civil service---Writ of quo warranto, issuance of-- Authority in order to implement direction of Supreme Court given in its judgment, constituted a Committee to consider equivalence of B.Tech.(Hons.) Degree with B.Sc. BE. Degree in the light of decision of Supreme Court---Committee after discussing in detail case of equivalence decided that candidates holding qualification of B.Tech.(Hons.) were to be considered for promotion---As per recommendations of the Committee, two persons were promoted as Assistant Divisional Engineers---Order for formation of Committee and said order of the promotion were not challenged by any one---Petitioner had filed petition after about three years from the formation of Committee and the promotion on which petitioner had prayed for issuance of a direction in the nature of quo warranto asking the promotees as to under what authority of law they were holding promoted posts and that they be restrained from acting as such ---Petitioner had failed to show any reason that why he did not challenge formation of Committee and promotion soon after passing orders in that respect---Writ filed by petitioner was hit by laches---Petitioner if had any grievance, could file representation against the said promotion and in case of dismissal of his representation, he could approach the Service Tribunal---Writ of quo warranto, otherwise could not be issued as petitioner himself was party---Writ of quo warranto was not maintainable if it was filed by an interested person or who was affected, himself by impugned order. (b) Constitution of Pakistan (1973)-- ----Arts. 199 & 212---Service Tribunals Act (LXX of 1973), S.4--